A jurisdição constitucional como recurso escasso: gestão de acervo e deliberação no recurso extraordinário

Abstract

This paper examines the issue that constitutional jurisdiction is a scarce resource - and, as such, must be carefully managed by society. This problem is addressed from two perspectives, both related to its competence of the Brazilian Supreme Court for the adjudication of extraordinary appeals. As for the docket control, it is argued that the court must alleviate its own overload by judging less. Specifically, it is defended the institution of a filter of selection of extraordinary appeals that allows the rendering of negative decision: (i) that it has an exclusive basis in the absence of relevance of the controversy under discussion, (ii) the effects of which are limited to the specific case and (iii) against which there is no appeal. As to the form of deliberation, it is argued that the court should judge better, starting to function as a real thesis court and improving the binding effectiveness of the precedents formed in extraordinary appeal. It is believed that the establishment of mechanisms that enable internal interactions between justices during the deliberative process can contribute to the achievement of this objective.